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Perplexity ChatGPT Claude Gemini

USCIS Withdraws Major Employment-Based Immigration Reform Proposal: What It Means for EB-1, EB-2 NIW, and EB-3 Applicants

Perplexity ChatGPT Claude Gemini
USCIS Withdraws Major Employment-Based Immigration Reform Proposal: What It Means for EB-1, EB-2 NIW, and EB-3 Applicants

The U.S. Department of Homeland Security (DHS) has quietly withdrawn one of the most closely anticipated immigration rulemaking proposals in recent years. The proposal, DHS/USCIS RIN 1615-AC85, titled “Petition for Immigrant Worker Reforms,” had been expected to reshape how USCIS evaluates petitions across the EB-1, EB-2 National Interest Waiver (NIW), and EB-3 categories.

In other words, the current adjudication standards now remain unchanged. However, the long-term direction of employment-based immigration policy remains an open question with this rejection. At GCEB1, our EB1A green card consultants believe that even a rejected policy can hold important insights into the evolution of the policies and the future of the visa program. Hence, we have dissected this news in great detail in what follows to provide all applicants with a detailed minutes of the evolution of policy changes.

A proposal that had been years in the making

USCIS first introduced the proposed rule in the Fall 2023 Unified Regulatory Agenda. At the time, the agency described an ambitious package of reforms aimed at modernizing regulations governing employment-based immigrant petitions. Over successive regulatory agendas in 2024 and 2025, the proposal remained active, with DHS repeatedly revising its expected publication timeline for a Notice of Proposed Rulemaking (NPRM).

The proposal covered a wide range of employment-based immigration issues, including:

  • Updating regulations governing EB-1, EB-2 NIW, and EB-3 immigrant petitions.
  • Codifying existing USCIS policy guidance into formal regulations.
  • Clarifying evidentiary standards for Extraordinary Ability (EB-1A), Outstanding Professors and Researchers (EB-1B), and National Interest Waiver petitions.
  • Defining what constitutes a bona fide job offer.
  • Clarifying USCIS authority to conduct employer site visits.
  • Formalizing rules regarding successor-in-interest employers.
  • Updating long-standing provisions regarding an employer’s ability to pay.
  • Correcting outdated language, omissions, and inconsistencies within immigration regulations.

Notably, the agency stated that many of these proposed revisions stemmed from public engagement sessions and comments received from immigration stakeholders beginning in 2021.

The rule has now been officially withdrawn

The latest Unified Regulatory Agenda confirms that RIN 1615-AC85 has been withdrawn, with DHS identifying the rulemaking as a completed action rather than an active proposal. As a result, the anticipated NPRM will not be published under the current agenda.

This means there are no new regulatory changes taking effect for employment-based immigrant petitions as a result of this proposal.

For applicants currently preparing or filing Form I-140 petitions, USCIS will continue applying the existing regulations and policy guidance already in force.

What this means for EB-1A applicants

The proposed rule generated considerable discussion within the immigration community because it was expected to modernize regulations governing Extraordinary Ability petitions.

Although some online discussions speculated that USCIS might significantly raise evidentiary thresholds or fundamentally alter the EB-1A framework, no such changes were ever formally proposed in regulatory text. The Unified Agenda described broad reforms and clarifications but did not publish detailed regulatory language introducing stricter eligibility standards.

As things stand:

  • The existing EB-1A eligibility framework remains unchanged.
  • USCIS continues to evaluate petitions under current statutes, regulations, policy guidance, and applicable administrative decisions.
  • No new evidentiary requirements have taken effect because the proposed rule never advanced to the formal notice-and-comment stage.

Implications for EB-2 NIW and EB-3

The withdrawal also affects applicants pursuing National Interest Waivers and employer-sponsored immigrant petitions.

Had the proposal moved forward, DHS intended to clarify evidentiary standards for NIW petitions and codify existing administrative interpretations into regulation. It also sought to address employer-related issues such as successor-in-interest rules and the ability-to-pay requirement, both of which frequently arise in EB-2 and EB-3 adjudications.

Because the proposal has now been withdrawn, these areas remain governed by existing regulations, policy manuals, and precedent decisions.

Why the withdrawal matters

Although no immediate policy changes occur, the withdrawal is significant for several reasons.

First, it removes a major source of uncertainty that had persisted since 2023. Immigration attorneys and applicants had closely monitored the proposal because it could have introduced the most substantial regulatory updates to employment-based immigrant petitions in years.

Second, it illustrates that inclusion in the Unified Regulatory Agenda does not guarantee a rule will ultimately be issued. Federal agencies frequently revise, delay, or withdraw proposed regulations as administrative priorities evolve.

Finally, the decision underscores that employment-based immigration policy continues to develop through multiple channels: not only formal regulations, but also USCIS policy guidance, Administrative Appeals Office decisions, federal court rulings, and future agency initiatives.

Looking ahead

The withdrawal of Petition for Immigrant Worker Reforms (RIN 1615-AC85) does not necessarily mean employment-based immigration reforms have ended. DHS retains the authority to introduce a revised proposal in the future or pursue narrower regulatory changes addressing specific issues.

For now, however, employers, immigration attorneys, and prospective immigrants can proceed knowing that the existing framework governing EB-1, EB-2 NIW, and EB-3 petitions remains in effect. Applicants should continue preparing petitions based on current USCIS regulations and policy guidance rather than speculation about reforms that are no longer moving through the federal rulemaking process.

As one of the best eb1a consultancies, GCEB1 takes pride in mentoring applicants and candidates in the most organic way possible along with attorney support. If you are exploring the eb1a pathways or wondering whether you qualify, get in touch with us directly. We wish you a safe and stress-free immigration journey ahead.

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